HF 1770

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to utilities; modifying conditions for disconnecting and reconnecting
utility service; amending Minnesota Statutes 2006, section 216B.097,
subdivisions 1, 3.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 216B.097, subdivision 1, is amended to
read:

Subdivision 1.

Application; notice to residential customer.

(a) A municipal utility
or a cooperative electric association must not disconnect new text begin and must reconnect new text end the utility
service of a residential customer during the period between October 15 and April 15 if
the disconnection affects the primary heat source for the residential unit deleted text begin when deleted text end new text begin and all of new text end
the following conditions are met:

(1) deleted text begin the customer has declared inability to pay on forms provided by the utility. For
the purposes of this clause, a customer that is receiving energy assistance is deemed
to have demonstrated an inability to pay;
deleted text end

deleted text begin (2) deleted text end The household income of the customer is deleted text begin less than deleted text end new text begin at or below new text end 50 percent of the
state median new text begin household new text end income deleted text begin ; deleted text end new text begin . A municipal utility or cooperative electric association
utility may (i) verify income on forms it provides or (ii) obtain
new text end

deleted text begin (3) deleted text end verification of income deleted text begin may be conducted by deleted text end new text begin from new text end the local energy assistance
provider deleted text begin or the utility, unless the deleted text end new text begin . A new text end customer is new text begin deemed new text end deleted text begin automatically eligible for deleted text end new text begin to meet
the income requirements of this clause new text end deleted text begin protection against disconnection as a recipient of deleted text end new text begin
if the customer receives new text end any form of public assistance, including energy assistance new text begin , new text end that
uses new text begin an new text end income eligibility deleted text begin in an amount deleted text end new text begin threshold set new text end at or below deleted text begin the income eligibility in
clause (2) deleted text end new text begin 50 percent of the state median household income new text end ;

deleted text begin (4) deleted text end new text begin (2) new text end A customer deleted text begin whose account is current for the billing period immediately prior
to October 15 or who, at any time, deleted text end enters into new text begin and makes reasonably timely payments
under new text end a payment deleted text begin schedule deleted text end new text begin agreement new text end that considers the financial resources of the
household deleted text begin and is reasonably current with payments under the schedule deleted text end ; and

deleted text begin (5) the deleted text end new text begin (3) A new text end customer receives referrals to energy assistance deleted text begin programs deleted text end ,
weatherization, conservation, or other programs likely to reduce the customer's energy
bills.

(b) A municipal utility or a cooperative electric association must, between August
15 and October 15 deleted text begin of deleted text end each year, notify all residential customers of the provisions of this
section.

Sec. 2.

Minnesota Statutes 2006, section 216B.097, subdivision 3, is amended to read:

Subd. 3.

Restrictions if disconnection necessary.

(a) If a residential customer must
be involuntarily disconnected between October 15 and April 15 for failure to comply with
deleted text begin the provisions of deleted text end subdivision 1, the disconnection must not occur new text begin :
new text end

new text begin (1) new text end on a Friday deleted text begin or on the day before a holiday deleted text end new text begin , unless the customer declines to enter
into a payment agreement offered that day in person or via personal contact by telephone
by a municipal utility or cooperative electric association;
new text end

new text begin (2) on a weekend, holiday, or the day before a holiday;
new text end

new text begin (3) when utility offices are closed; or
new text end

new text begin (4) after the close of business on a day when disconnection is permitted, unless
a field representative of a municipal utility or cooperative electric association who is
authorized to enter into a payment agreement, accept payment, and continue service,
offers a payment agreement to the customer new text end .

Further, the disconnection must not occur until at least 20 days after the notice required
in subdivision 2 has been mailed to the customer or 15 days after the notice has been
personally delivered to the customer.

(b) If a customer does not respond to a disconnection notice, the customer must
not be disconnected until the utility investigates whether the residential unit is actually
occupied. If the unit is found to be occupied, the utility must immediately inform the
occupant of the provisions of this section. If the unit is unoccupied, the utility must give
seven days' written notice of the proposed disconnection to the local energy assistance
provider before making a disconnection.

(c) If, prior to disconnection, a customer appeals a notice of involuntary
disconnection, as provided by the utility's established appeal procedure, the utility must
not disconnect until the appeal is resolved.